backdoor CCJ Cabot/Restons - old Blackhorse loan - **WON ** successfully set aside & Cabot Paid my costs!!

[9000Parts]

what 'next hearing'?

 

What should have been my Set Aside hearing is still scheduled although the Courts say it is vacated.

A Judge will have to take their Notice of Discontinuance and formally dismiss the case otherwise it gives Rectums the option to revive the case later on and try again.

 

 

Question is,

will this be done at the scheduled hearing date (in which case whats to stop me turning up with my spreadsheet?)

or will somebody rubber stamp that one when they have nothing better to do?

[Guest]

there is no hearing re the set aside,

set aside has already been ordered, from what you have posted.

 

its now on the claimant whether to continue or not with the original claim.

which if they do, will then go through the normal claim process,

unless there were any directions on it by the the J following the set aside.

[AndyOrch]

It does not require a hearing to execute a Notice of discontinuance....its a simple formality carried out by the court staff.

[mercyblue]

But if the court has used its powers under cpr 3 there wouldn't be any directions?

[Guest]

But if the court has used its powers under cpr 3 there wouldn't be any directions?

? quite.

from what has been posted, the set aside has been ordered (without a hearing). sometimes the court directs (following set aside) on the original claim if needs be.

[9000Parts]

there is no hearing re the set aside,

set aside has already been ordered, from what you have posted.

 

its now on the claimant whether to continue or not with the original claim.

which if they do, will then go through the normal claim process,

unless there were any directions on it by the the J following the set aside.

 

I was scheduled to have a Set Aside hearing but Rectums pulled out on me when they saw my WS for the hearing. The Courts have, by their own motion, allowed the Set Aside and as a result the CCJ has now disappeared on my credit reports. However, Rectums have submitted a Notice of Discontinuance for this case but I have nothing confirming that has been acted on.

 

So, my N244 to Set Aside has now been granted but Rectums NotD has not yet been processed? That or it has but the Courts find no need to tell me about this?

 

Anyway, CCJ has been deleted and I doubt its going to re-appear so thats good news but I still want my costs back. I emailed Miss [edited] (Trainee Solicitor, Grade D) a final demand to pay my costs in full otherwise I will submit a claim for my Wasted Costs on the grounds of unreasonable behaviour by the Claimant (think ive got a strong enough case for unreasonable). The only thing I can find though is that I need to use another N244 but at what cost to me? Quick google suggests £35 but from quite an old page.

 

Still begs the question though have Rectums cocked up? They issued the NotD at least a week BEFORE the Set Aside was granted but on the day they should have submitted their WS in response to mine. Still seems like they have got themselves tangled up although Trainee Solicitor, Grade D suggests they didnt put their best mind on it.

Edited May 7, 2016 by honeybee13
Name removed.

[Guest]

So, my N244 to Set Aside has now been granted but Rectums NotD has not yet been processed? That or it has but the Courts find no need to tell me about this?

thats what i was trying to establish about the claim following the setaside (but a disruptive post entered )

[9000Parts]

So how do I submit a Wasted Costs claim then if Rectums dont pull their finger out and pay me my costs in full by Tuesday? Is it as simple as completing another N244 with my costs spreadsheet attached and my argument why I feel that I deserve my costs being repaid?

 

I did notice that reading through Directions 46 that if a Wasted Costs claim is granted against a solicitor then the Judge is bound to report them to their relevant regulator. Possibly not the best move for a Trainee Solicitor, Grade D to have a report against them with the SRA so early in their career.

[Guest]

need to find out for sure whether, following the set aside, whats happened to the original claim.

did they discontinue it anyway (without the con order as posed). leaving you then to decide what to do about costs.

or is it back in play, still subject to the proposed con order.

[9000Parts]

UPON the Application of the Solicitors for the Claimant and the Defendant acting in person

IT IS AGREED BY CONSENT THAT:-

The Judgment entered against the Defendant on 29th December 2015 be set aside;

The Claimant pay the Defendant £120.00 within 7 days;

The registration is hereby cancelled; and

The Claim be withdrawn.

This is the text from the second Consent Order that I didnt sign or return due to the unreasonable offer of £120. Following this I then had a letter from Rectums with the Notice of Discontinuance in it which states:

To the court:

The claimant

discontinues all of this claim.

By this time they had failed to submit a Witless Statement in the time the Judge said they should submit one by (this is at the start of the thread and the timings of that are a bit 'off').

 

Because I refused to Consent their withdrawal they then issued the NotD but this was done BEFORE the Court granted the Set Aside. From the Courts all I have is:

BY THE COURT OF ITS OWN MOTION

IT IS ORDERED THAT

the judgement dated [DATE] be and is hereby set aside.

There is also Certificate of Satisfaction or Cancellation of Judgement Debt. This only mentions that the CCJ has been Set Aside. Says nothing about it being withdrawn.

Even the Courts are puzzled by the timings and they agree that Restons appear to be trying to jump the gun and outdo me by looking they have asked for the Set Aside and then withdrawing the case. Maybe an attempt to mislead the DJ into thinking they instigated this to avoid costs?

So, Rectums are discontinuing the claim completely but dont want to cover my costs. They have until tomorrow to make sure there is a Cheque on the doorstep or I have to go for a Wasted Costs application against them.Unless anybody else has an alternative idea for getting me some money back from them?

[Guest]

Even the Courts are puzzled by the timings and they agree that Restons appear to be trying to jump the gun and outdo me by looking they have asked for the Set Aside and then withdrawing the case

ok, good you have checked with the court. keep doing so.

wld suggest waiting abit to find out for sure whether the original claim has gone also. (as you know, after a setaside of a judgment, the original claim usually gets reinstated, unless directed/decided otherwise at the same time or thereabouts)

and, then after tomorrow. before doing a separate application for costs.

have you also considered any formal complaints, eg fos (they can award comp), and the sols complaints body (not sure whether they can award comp, but they cld at least give them a telling off if found against)

[9000Parts]

I do plan to attack both Restons and Cabot/Hillesden/ME III in as many ways as possible (despite the discouragement of at least one person on this forum) its just a question of how and where? I gave xxx (Trainee Solicitor, Grade D) 7 days to cove my costs in full and that expires by the time I get home tomorrow afternoon. Need to formulate the best plans of attack for each of the parties involved.

 

1, Restons. Assume the SRA would be the place to go with an outline of their behaviour. Need to establish for sure whether them issuing the NofD BEFORE the Set Aside was granted is an abuse of process or not first/

 

2, The Claimant. In the initially submission the Claimant was named as Hillesden but in the Witness Statement submitted in response to my N244 they named Cabot as the party issuing instructions despite the claim still being in Hillesdens name. Now the claimant has been named as ME III but I have never received any Notice of Assignment about this. The first WS I have from them for the Set Aside mentions that they were going to transfer the claim to ME III but as far as I know that has never actually happened. Is there anything worth digging deeper into on this one?

 

I will get the SAR sent to Cabot about their searches at Equifax (the smoking gun) but as I know what they have done where is the best place to take that one? They clearly knew my address so must have deliberately chosen to use my previous address to raise the claim. This must be serious enough to warrant investigation but is it Civil or Criminal? If its Criminal then I will just go straight to Plod for it.

 

Formal complaint to FOS? Not considered that as a move yet but might as well attack them from as many angles as I can using as many things as possible to attack them with.

 

Still want to submit a claim through the court though as an award for Wasted Costs automatically gets the Solicitor in question reported for their behaviour.

Edited May 9, 2016 by honeybee13
Name removed.

[9000Parts]

Time is up for Carboots Rectum today then. No comms and no sign of payment so time for the fight. Will get the SAR printed, PO bought and posted recorded. Might even sign them as it would look very suspect if they generated some paperwork after their behaviour so far.

 

Still cant figure out what it is going to cost me to submit the Wasted Costs claim though.

[Guest]

Still cant figure out what it is going to cost me to submit the Wasted Costs claim though.

at least the application fee re costs.

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

https://www.moneyclaimsuk.co.uk/PDFForms/EX50A.pdf

 

as suggested though, try find out whats happened re the original claim.

[Guest]

for your info. a lengthy article on wasted costs, up to jan 16.

https://kerryunderwood.wordpress.com/2015/12/01/wasted-costs-and-non-party-costs-orders-unified/

[9000Parts]

for your info. a lengthy article on wasted costs, up to jan 16.

https://kerryunderwood.wordpress.com/2015/12/01/wasted-costs-and-non-party-costs-orders-unified/

 

Found that but staring at it through a glass of Old Pultenay doesnt make it any more understandable to me. I do wonder if Restons can simply claim they only acted on instructions given in my case so have a Get Out Of Jail Free card to play? Think I will write up an informal request and submit it on the grounds the case is still 'live' at the moment.

 

Went through the rather rubbish Cabot website this evening and found their complaints section. Emailed a complaint in to them about the deliberate use of my wrong address mainly so I can satisfy the FOS rules about trying to resolve the case directly before complaining to them. I fully intend to take this to the FOS now, nothing short of them offering the same as the judgement they obtained (close to £4K) will get me to stop that course of action.

 

Still toying with raising a formal complaint with the local Courts too for their behaviour and doing a Carboot Rectum by sending all the papers I needed to the wrong address. Is this a good plan though?

[9000Parts]

Confirmation today in writing from Restons that they have discontinued proceedings. I am directed to make future payments to ME III Ltd who as far as I know have absolutely nothing legally to do with this case.

 

Still nothing from the Courts about the case being withdrawn yet though.

[Guest]

keep checking with the court.

if they have disconned the original claim (following the set aside) without that proposed con order with some costs (120), then its now down to you what to do separately about costs/complaints etc on the matter.

 

ps, see now, you have raised a formal complaint

[9000Parts]

I have been backdoored by the Carboot Rectum team recently using an old address.

I have absolute proof they knew my new address and it looks like you may have the same.

 

 

In your shoes I would CCA Cabot and as soon as the 12+2 days has elapsed

stick your N244 in using the wrong address as the reason for set aside

AND lack of CCA and/or other paperwork as the defence.

 

 

You will not get a set aside without a reasonable chance of a defence

and chances are with a CC that old there wont be the right paperwork available.

 

This backdooring trick seems to be a favourite way of getting a judgement on a debt

they have no chance of collecting on if its defended. £255 is a lot of money but its a lot less than £13.5K.

 

Can you prove that Cabot/Reston know for sure what your current (in their eyes 'last known') address is?

I found that Cabot had done several Trace Enquiries with Equifax which Equifax confirmed the address they served on was an old address. They also confirmed my current address.

 

 

Faced with this they then withdrew on a case that at the time they had a valid judgement against.

 

 

Worth signing up for your 30 day free trial with Equifax and scour the Search History for entries from Cabot.

If you have already been dealing with them on other matters they may not have linked you to these cases

unless you have dealt with them on these specific cases

 

 

but if they have been looking for you at Equifax then you have a very good reason to request the set aside

and if my case is anything to go by should be quite easy to make them withdraw.

[dx100uk]

too late for a CCA request

they already have a judgement.

that trumps the CCA

 

proving they knew the address by way of a search on credit file is no good

and a CCA after the CCJ is no reason to set aside a CCJ,

dx

[9000Parts]

Its exactly what I used in my Witness Statement for my Set Aside and as soon as Restons saw that they bailed out and Discontinued. Equifax will give written confirmation of what they tell whoever asks if you ask them firmly enough and I cant believe any DJ will not accept that as a good enough piece of evidence to support the Set Aside. However, the OP needs a reasonable defence and being denied a copy of the CCA on request should give at least a chance of the Set Aside.

 

Disappointing how defeatist this forum seems to be. Im no expert at all but I have direct experience of being backdoored and I have mainly using my own initiative had a CCJ killed off with the only piece of proof being the wrong address demonstrated by my Equifax report.

 

With a CCJ of £13,500 it is well worth at least trying to fight it so worth the £255 to get the N244 in so long as Restons dont come up with a copy of the CCA and other relevant paperwork within the 12+2 days. Ask for a copy, if they have one then you are stuffed. If they dont provide one you at have enough of a reason to submit an N244 for a set aside with a chance to defend properly using lack of paperwork as the most likely form of defence.

[dx100uk]

reston bailed before it got before a court

just pointing out its rare to see a judge agreeing that just because a creditor searched your credit file

and there was a newer address listed, that he would allow that as a reason for a set aside.

[9000Parts]

Finally got to speak to the Courts today.

They confirm case is discontinued and the hearing date I had in June has been vacated/re-allocated.

 

 

Spoke about the Wasted Costs application but was told it would cost £255 to submit it.

This is a bit too much of a gamble so not going to do that.

 

Heard nothing back from Cabot since emailing them my complaint.

Might re-mail it with a Read Receipt attached to it.

If i dont hear from them soon then off to the FSA.

 

 

There is another thread with similar circumstances so would be an idea to bring that case in at the same time to demonstrate this is a systematic abuse rather than an administrative error.

 

Whats the chances of winning an MCOL against Cabot/Restons for my costs?

Maybe another gamble but would it be worth the application fee?

[9000Parts]

You cant CCA until you get it set a side.....the judgment claimant is not compelled to respond once a judgment is in place......the judgment supersedes the agreement as already advised.

 

Why not?

You can do a CCA request on anybody at any time you like

and they have to respond to it in 12+2 days is my understanding.

 

Doesnt matter if a CCJ has been issued or you are just being nosey, it has to be supplied on request.

 

If Cabot cant/wont produce a CCA it give the OP a reasonable defence for the N244 application.

 

With clear proof they raised papers at the wrong address

then there is every chance they will do exactly the same as they done to me

and withdraw, deleting the CCJ.

 

Which team do you bat for andyorch?

[dx100uk]

your 'understanding' is seriously flawed....